MTR. OF ILASI v. BD. OF ZON. APPS.


79 Misc.2d 436 (1973)

In the Matter of Nicholas Ilasi, Petitioner, v. Board of Zoning Appeals of the City of Long Beach et al., Respondents.

Supreme Court, Special Term, Nassau County.

April 16, 1973


Attorney(s) appearing for the Case

Alfred Wolkenberg for petitioner. David J. Weinblatt, Corporation Counsel, for respondents.


JOSEPH A. SUOZZI, J.

This article 78 proceeding presents the unusual question of whether a municipality can confer the status of "nonconforming use" on an illegal use, retroactively.

On November 4, 1970, the City of Long Beach enacted an amendment to its zoning ordinance which permitted two-family dwellings in a one-family use district, if the two-family dwelling was in use and existence prior to said...

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